birth certificate

[deepseascape]

 Hello Ill try to be brief, I owe arrearages, by default 1995, my payments dont even cover interest, Finally had my daughter with me, enrolled in high school, But her mother wanted her back. Now she is deceased(car accident). Recently aquired original birth cert. States "father unknown"  We were never married and she left with the child when she was 2. I tried to follow and be a part of her life but,  anyway Can i modify arrearages? Is father unknown relevant? Ill be retaining a lawyer, She did the same thing with her first child Thanks

[Kitty C.]

Much of this is legal issues and you might want to ask Socrateaser on his board about it.  Just make sure you follow the posting gudelines or he won't respond.

As for the birth certificate, I see no reason why it can't be modified.  If paternity has been established in court, that's all you need to prove you're the father.  If it hasn't, you might have to get DNA tested with your daughter.

As for the arrearages, if the BM received state aid for all those years she didn't get CS from you, essentially what you are doing now is paying back the state.  And that can't be forgiven.  

Question, tho.  Since the BM is deceased, have you filed for Social Security survivor benefits for your child?  If not, you need to immediately.  I don't know if they pay benefits retroactively, but you won't know until you ask.  All you need is a copy of the death certificate (obtain from the county it was filed in, there will probably be a minimal charge) and your child's SSN to get it started.  They pay benefits based on the deceased parent's life-long income until the child is 18.

[deepseascape]

 I wasnt clear on my original message. My daughter is deceased. I just cant figure out why her mother put father unknown on the birth cert. I assume paternity was established through default.  I didnt make it to court. Can I get DNA testing after her death? I assume Im liable regardless. She wants all arrearages plus interest no matter what. Sad.

[Kitty C.]

Hmmmm, that changes things dramatically..........

A lot will depend on your state's laws.  It's possible that by ordering the CS the court recognizes you as the bio father.  As for getting the BC corrected post-humously, even I don't have a clue, and I've worked with BC's in the past.

Are you paying the arrears to the BM or to the state?  If it's to the BM, only she can waive the arrears.  But there are those fathers who didn't find out about kids until WAY late, get ordered arrears, and end up paying it LONG after the kids have moved out and started families of their own.  Sucks, but that's life in the current court system.

Go to your state web site, find your state laws and statutes, and start going thru them.  You might get some answers there as well.  Either that, or get one of those 'free, initial consultations' with an atty. and see what they have to say.

[deepseascape]

Understood, Thanks for your time. I will do some research as suggested. And get a lawyer , take care.

[Mom2004]

I do know that since you are the one paying CS, that establishes your parent child relationship so that makes you the legal father. If paternity was in "question" then DNA should of been done around the time of birth. Once you establish yourself as the father, you remain the legal father, whether the child is biologically yours or not later. The birth certicate basically means nothing from what the attys tell me. It can also be easily changed and you added as father if you like. Sorry for your loss.